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HomeMy WebLinkAbout39-5102.1 Custody of Exhibits Generally1 39th Jud. Dis. R. Jud. Adm. 5102.1. Custody of Exhibits Generally. (a) Application. These Rules, 39th Jud. Dis. R. Jud. Adm. 5102.1 - 5103.2 and Pa. R.J.A. 5101-5105, shall apply to Court Proceedings as defined by Pa. R.J.A. 5101(a)(1). (b) Index of Exhibits and Confidential Information. 1. During Criminal Court Proceedings, a member of the Clerk of Courts ’ office or Court designee shall maintain the Index of Exhibits. The member of the Clerk of Courts’ office shall utilize the Exhibit List form provided by the AOPC/CPCMS program. To the extent the AOPC/CPCMS Exhibit List form is not available or accessible, the member of the Clerk of Courts’ office or the Court designee shall utilize the Index of Exhibits form supplied by Court Administration substantially in the form denoted at the end of these Rules. 2. During all Non-Criminal Court Proceedings, the Court Stenographer, Courtroom Technician, or Court designee, shall maintain the Index of Exhibits. The Court Stenographer, Courtroom Technician, or Court designee shall utilize the Index of Exhibits form supplied by Court Administration substantially in the form denoted at the end of these Rules. 3. In all Court Proceedings, the Proponent shall include a properly completed Confidential Information Form or Confidential Document Form for any exhibit offered into evidence that contains confidential information or confidential documents as defined in the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. These forms shall be given by the P roponent to the Court designee maintaining the Index of Exhibits at the time evidence is introduced. 4. The Index of Exhibits shall be filed of record with the corresponding Records Office, as defined by Pa. R.J.A 5101(a)(7), before the Court declares the record closed, but not later than five business da ys after the conclusion of the Court P roceeding pursuant to Pa. R.J.A. 5104(a)(2). (c) Weapons, Contraband, and Hazardous M aterials Pursuant to Pa. R.J.A. 5103(d), and Other Dangerous Items. 1. Dangerous Items Defined. “Dangerous Items” within these Rules shall include, but are not limited to, weapons, cash, currency, money, negotiable instruments, other items of value, drugs, dangerous materials, guns, knives, explosives, controlled substances, narcotics, intoxicants, 2 toxic materials, biological items, and biohazards. “Dangerous Items” may also include other items not specifically defined herein as determined by the presiding judge. 2. Each presiding judge in any Court Proceeding may issue special instructions to address the method by which Dangerous Items are offered into evidence, including the party that shall secure the exhibits while the Court Proceeding is in session, as well as during all breaks and recesses, which method shall be confirmed by an Order of Court. 3. In the absence of a Court Order, in any Court Proceeding where Dangerous Items are offered into evidence, the Proponent shall secure the exhibits while the Court Proceeding is in session, as well as during all breaks and recesses. 4. During a Court Proceeding, the Proponent shall exercise all appropriate safeguards necessary to protect the public based on the nature of the exhibit. 5. Exhibits comprised of Dangerous Items are prohibited from viewing in the jury room. The Court may direct alternative viewing arrangements for such exhibits upon the request of the jury. 6. At the conclusion of a Court Proceeding, all Dangerous Items which have been offered into evidence, whether or not admitted of record, shall be kept in the custody of the Proponent, the Proponent’s Designee, or such other person as designated by the presiding judge . 7. Dangerous Items categorized under this Rule may only be disposed of or destroyed by an Order of Court. 8. If there are Dangerous Items which require temporary storage, the Sheriff's Office shall provide the Proponent with an escort to the Records Office, as defined by Pa. R.J.A 5101(a)(7), or other secure area designated by the presiding judge. _________________________________________________________________ Adopted by Order of Court, February 5, 2024 Published in the Pennsylvania Bulletin, 54 Pa.B. 955, Pa.B. Doc. No. 24-227, February 24, 2024